What is the term for the legal theory that a patient can file a lawsuit based on when the problem is or should be recognized?

The term "the discovery rule" refers to the legal principle that a plaintiff can initiate a lawsuit within a specific timeframe based on when they discover, or should have reasonably discovered, the injury or issue leading to their claim. This is particularly important in cases where the harm is not immediately apparent, allowing individuals to seek justice even if the incident occurred some time ago, as long as they file the lawsuit within a reasonable period of discovering the problem.

The discovery rule is essential in various legal contexts, including personal injury and medical malpractice cases. It acknowledges that not all injuries or damages are immediately visible or known, thus providing a fair opportunity for individuals to bring forth their claims once they have awareness of their injury.

In contrast, the statute of limitations sets a strict deadline for filing claims that is not dependent on when the injury was discovered. Professional misconduct refers to unethical or negligent behavior by professionals, while res ipsa loquitur is a legal doctrine used to infer negligence from the very nature of an accident or injury, thus highlighting how different these concepts are from the discovery rule.